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Attorney: Dismiss clients from Imperial Sugar case

An attorney for the company that built and installed covers for conveyor belts at Imperial Sugar Co.’s Port Wentworth refinery Wednesday urged a judge to dismiss his client from a suit filed by the widow of a plant employee killed in the 2008 explosion/fire there.

The stainless steel covers over the conveyor belts were designed and inspected by Imperial Sugar and installed at their direction, said attorney Robert R. Gunn II of Macon, who represents Savannah Bridge Co. Inc.

His client “does not provide design services” and is protected by law from any liability regarding design, Gunn said.

He said his client, a family owned company for 20 years, is entitled to a judgment based on the law in the case, noting that all other suits against his client have been resolved by consent or dismissed.

“They violated every standard known out there,” countered Savannah attorney Brent Savage. “I don’t care who else got out of these cases.”

Chatham County State Court Judge Hermann Coolidge Jr. said he would rule on the motion shortly.

Savage and attorney Steve Scheer represent Debbie Byers and the estate of her late husband, Truitt Byers, who was one of 14 people who died as the result of the Feb. 7. 2008, explosion and fire. Scores of others were injured in the explosion/fire that resulted in more than 40 lawsuits.

A subsequent investigation by the U.S. Chemical Safety and Hazard Investigation Board ruled that Imperial Sugar’s lapses likely led to the deaths, which it said were “entirely preventable.”

It cited, among other things, “poor equipment design, poor maintenance and poor housekeeping” as contributing causes.

Gunn contends the findings of that report are inadmissible in the case and cannot be used in civil actions such as the Byers case.

The suit contends the stainless steel covers, installed over belts without proper ventilation, ignored safety regulations and Savannah Bridge did not live up to its contractual obligations to know and follow safety standards.

Savage said the plant has been in operation for 91 years without a similar incident, but the explosion occurred five months after the covers were installed.

“The bomb that killed these people was the cover of an 80-foot conveyor belt,” Savage argued. “Do what you say you’re going to do.”